Mitt Romney Still Thinks Corporations are People. They Still Aren’t.

Campaigning in Florida today, Mitt Romney doubled down on his recent claim that “corporations are people”:


Speaking to a town hall-style gathering at a Miami airport hotel, the former Massachusetts governor repeated the line he first said last month at the Iowa State Fair.


“I’ll communicate to the private sector, by the way, that we like you,” Romney said in response to a question about how to encourage banks to lend more money. “We like enterprise. I was in Iowa the other day, and people suggested that we just raise taxes on corporations.”


He went on: “I told them, corporations are people. … Raising taxes on corporations is raising taxes on people.”


While it’s true that corporations are owned by people, Romney intentionally ignores the basic purpose of corporations: to be a legal entities separate from human beings that own them, with different rights and responsibilities under the law. He also ignores the fact that many large corporations pay much less in taxes than actual human beings – GE, for instance, paid no federal income taxes in 2010.

Even if corporations were people, they’d be doing fairly well in today’s economy. Corporate profits have soared in the past year, even as more and more human beings are out of jobs and facing poverty.

When Romney made his first “corporations are people” remark, we responded with a petition and a TV ad in New Hampshire. Sounds like it’s time to dust that ad off:

 

 

PFAW

To Defeat Obama, A Simple, Dishonest Plan

We’ve been covering a number of attempts by state GOP lawmakers to prevent traditionally Democratic voters from casting votes that count – including a flood of new laws requiring photo ID to vote.

But all those are nothing compared to what Pennsylvania’s GOP-controlled legislature is considering: changing the state’s system of apportioning electoral votes so that even if President Obama wins the state’s popular vote in 2012, he’d take less than half of its electors. Nick Baumann at Mother Jones reports:

The problem for Obama, and the opportunity for Republicans, is the electoral college. Every political junkie knows that the presidential election isn't a truly national contest; it's a state-by-state fight, and each state is worth a number of electoral votes equal to the size of the state's congressional delegation. (The District of Columbia also gets three votes.) There are 538 electoral votes up for grabs; win 270, and you're the president.


Here's the rub, though: Each state gets to determine how its electoral votes are allocated. Currently, 48 states and DC use a winner-take-all system in which the candidate who wins the popular vote in the state gets all of its electoral votes. Under the Republican plan—which has been endorsed by top Republicans in both houses of the state's legislature, as well as the governor, Tom Corbett—Pennsylvania would change from this system to one where each congressional district gets its own electoral vote. (Two electoral votes—one for each of the state's two senators—would go to the statewide winner.)


This could cost Obama dearly. The GOP controls both houses of the state legislature plus the governor's mansion—the so-called "redistricting trifecta"—in Pennsylvania. Congressional district maps are adjusted after every census, and the last one just finished up. That means Pennsylvania Republicans get to draw the boundaries of the state's congressional districts without any input from Democrats. Some of the early maps have leaked to the press, and Democrats expect that the Pennsylvania congressional map for the 2012 elections will have 12 safe GOP seats compared to just 6 safe Democratic seats.


Under the Republican plan, if the GOP presidential nominee carries the GOP-leaning districts but Obama carries the state, the GOP nominee would get 12 electoral votes out of Pennsylvania, but Obama would only get eight—six for winning the blue districts, and two (representing the state's two senators) for carrying the state. This would have an effect equivalent to flipping a small winner-take-all state—say, Nevada, which has six electoral votes—from blue to red. And Republicans wouldn't even have to do any extra campaigning or spend any extra advertising dollars to do it.
 


Baumann adds:

Nebraska and Maine already have the system the Pennsylvania GOP is pushing. But the two states' small electoral vote values mean it's actually mathematically impossible for a candidate to win the popular vote there but lose the electoral vote, says Akhil Reed Amar, a constitutional law professor at Yale University. Pennsylvania, however, is a different story: "It might be very likely to happen in [Pennsylvania], and that's what makes this something completely new under the sun," Amar says. "It's something that no previous legislature in America since the Civil War has ever had the audacity to impose."

In theory, there’s nothing wrong with apportioning electoral votes by congressional district like Maine and Nebraska do – but when the strategy is combined with political gerrymandering and applied only selectively it becomes decidedly undemocratic. That Pennsylvania Republicans are not planning to divvy up the state’s electoral votes to match the percentage breakdown of the popular vote indicates that this has nothing to do with reflecting the will of the people, and everything to do with aggressive anti-democratic power plays.

The plan, though dishonest, is perfectly legal – and available to a number of large states now controlled by GOP legislatures.

The plan seems almost too convenient for the Pennsylvania GOP, but I wonder if it would backfire – suppressive laws like voter ID requirements can be hidden under made-up “voter fraud” threats, but what excuse could a legislature come up with for a plan to make every single Democratic voter in the state count for less? I’d like to think that once fair-minded Pennsylvanians get a whiff of this, they won’t let their legislature get away with it.

h/t Digby’s Hullabaloo
 

PFAW

4th Circuit Upholds Rule of Law in Healthcare Case

In a badly-needed boost to the rule of law and the nation's much-abused new health reform, a three-judge panel on the Fourth Circuit today rejected two attacks on "Obamacare." In one case, Virginia v. Sebelius, the appeals court found that the Commonwealth of Virginia lacked standing to challenge the individual mandate provision and in the other, Liberty University v. Geithner, it ruled that a challenge to the plan's financial penalty for not purchasing individual health insurance coverage was not ready to be heard since the penalty constitutes a tax and taxes may not be challenged until after they have gone into effect and been paid. Both decisions by Circuit Judge Diana Gribbon Motz are a breath of fresh air in a legal and political environment now polluted by partisan and ideological attacks on the health plan.

The decision in the Virginia case, brought by the state's Attorney General Ken Cuccinelli, was an emphatic victory for basic rules of federalism and judicial restraint. Judge Motz found that the court could not hear the case because Virginia lacked standing under long-established jurisdictional principles. As a state, Virginia suffered no "injury in fact" because of the individual insurance mandate it was challenging; the state itself is not "burdened" by it, state officials are not "commandeered" by it, and state sovereignty is not impaired in any way by it. Virginia asserted that it had standing because of a conflict between the new law and a state statute, the "Virginia Health Care Freedom Act," a statute which was transparently cooked up by the legislature for the sole purpose of creating a conflict with the federal health reform law. This state law simply declared that no resident of Virginia "shall be required to obtain or maintain a policy of individual insurance coverage." It had no enforcement mechanism and existed solely for purposes of organizing litigation against the national government. Judge Motz correctly found that, if this kind of metaphysical declaration were enough to create standing, a state could concoct jurisdiction to challenge any federal law just by writing a "not-X" statute. I recall that opponents of the health reform introduced the same meaningless legislation in Maryland and I took great pleasure in pointing out that it had no content. At any rate, Judge Andre Davis dissented from the decision, arguing that the standing problem was no big deal; he would have simply ruled that the individual mandate provision did not exceed Congressional power under the Constitution—and, on this point, he is clearly right.

The other decision, in the Liberty University case, was based on the significant new ruling that the individual insurance mandate is actually a form of federal taxation and the federal Anti-Injunction Act prevents the court from entertaining challenges to taxes until they actually go into effect and have been paid by the litigants. "A taxpayer can always pay an assessment, seek a refund directly from the IRS, and then bring a refund action in federal court," Judge Motz wrote, but the Anti-Injunction Act bars pre-enforcement actions. It is definitely of note that Judge Motz found that, under the Act, financial penalties and exactions are to be treated like a "tax." Both supporters and critics of the decision are noting that this may mark an effort to define and defend the individual insurance mandate as a legitimate exercise of the congressional Taxing power, but this may be over-reading into the court's interpretation of the Anti-Injunction Act, which does have its own body of rules and precedents.

It's not clear yet whether the disappointed litigants will try to take the case en banc to the full right-leaning Fourth Circuit or petition for appeal directly to the Supreme Court. All roads lead to the Supremes in this case since there is currently a split between the Sixth Circuit, which upheld the constitutionality of the individual mandate, and the Eleventh Circuit, which struck it down. In addition, the DC Circuit will be hearing oral arguments in a healthcare challenge in two weeks, so it, too, may add its voice to the discussion by the end of the year. At some point next year, the justices will have to grab the bull by the horns and decide whether they want to fully revive the class-driven judicial activism of the Lochner period by knocking down laws promoting public health and welfare.

PFAW

Mitt Romney Brings Back Bush’s Economics and Bork’s Jurisprudence

When Mitt Romney announced last month that his campaign’s legal team would be led by rejected Supreme Court nominee Robert Bork, we were somewhat aghast. Bork’s legal record was so extreme – he opposed the Civil Rights Act and the right to birth control, for instance – that his 1987 Supreme Court nomination was rejected by the Senate. And his views have hardly tempered since then – a 2002 PFAW report checked back in on Bork’s crusades against pop culture, freedom of expression and gay rights.

But Robert Bork isn’t the only blast from the past who Romney has brought in to help develop his policies. Today, the former Massachusetts governor announced his economic team – which unsurprisingly includes two prominent economic advisors to George W. Bush, including one of the primary architects of the disastrous 2003 Bush tax cuts.

Two of the four members of Romney’s econ team are former Bush advisers – R. Glenn Hubbard, who was the chairman of the Council of Economic Advisers from 2001 to 2003, and N. Gregory Mankiw, who took over from 2003 to 2005. Hubbard helped devise the tax cuts for the wealthy that were the largest contributor to the ballooning budget deficit under Bush, and which Republicans in Congress still refuse to roll back. Mankiw helped Bush with his plan to privatize Social Security and praised the benefits of outsourcing labor.

Mitt Romney is getting something of a free pass in the current GOP field, but his choice of advisors shows just how extreme he really is. The last thing we need is more economic policies like Bush’s or judges like Bork, but under Romney it seems that’s exactly what we’d get.
 

PFAW

Goodwin Liu Gets a Place on the California Supreme Court

Goodwin Liu, the much-admired law professor whose nomination to the 9th Circuit Court of Appeals was run into the ground by the Senate GOP this year, is now a judge. Liu was confirmed last night to sit on the California Supreme Court, where one of his first cases will determine whether those defending Proposition 8 will have standing to appeal their trial court loss.

When Liu withdrew his appeals court nomination in May, after being the subject of two years of partisan bickering, PFAW’s Marge Baker said in a statement that he “would have made a superb jurist” but “unfortunately, Mitch McConnell and the Senate GOP decided to use Goodwin Liu to make a political point – they smeared the reputation of this respected legal mind while ignoring many of their own vows to never filibuster a judicial nominee.”

California is lucky to have Liu on its Supreme Court. But it’s a shame that the Senate GOP put him through two years of partisan smears before he found a place on the bench.
 

PFAW

‘What You Talkin’ Bout, Willard?’

If you watched TV in the 1980s, you surely remember this:

The TV show Diff’rent Strokes – which featured the iconic tagline “What you talkin’ bout, Willis”? – was produced by PFAW’s founder Norman Lear.

And when Norman heard that Mitt Romney – whose first name is actually Willard – was running for president, it rang a bell.

In a piece in Variety this week, Norman asks Willard Mitt Romney exactly what he is talking about:

"What You Talkin' Bout, Willard?"

By Norman Lear

I don't have to explain that line to Americans who grew up watching one of our production company's sitcoms, "Diff'rent Strokes", which ran for eight seasons between 1978 and 1986 and for years after in syndication. Any one who knows the show will recall this signature phrase repeated by the young Gary Coleman to his older brother when stupefied and maddened by something his brother just said, "What you talkin' bout, Willis?"

I know some people think Willard Mitt Romney is the only responsible adult
i n that implausible field of presidential hopefuls, but often he will say
 something so surprising and disingenuous in this seemingly endless campaign, 
I find myself thinking, 'What you talkin' bout, Willard?

Absent a profanity, I don't know a better reaction to Romney's declaration 
that "corporations are people." Of course he'd be correct if the people
 he's referring to are the billionaire Koch brothers. Or if they are the 
people who are setting up phony corporations for the purpose of supporting
 Willard Mitt Romney's candidacy with million dollar gifts, and they could of 
course include the Kochs.

"What you talkin' bout, Willard?" leaps to mind at the thought of the natty
 Harvard-educated Wall Street executive and former Massachusetts governor 
railing against "eastern elites" at the last Republican National Convention. And it aches to be shouted out when I am reminded that Willard Mitt Romney, 
seeking someone to head his legal team, chose a man whose reactionary views
 about the U.S. Constitution led to a bi-partisan Senate vote to keep him off 
the Supreme Court, Robert Bork.

Willard's embrace of Bork, despite his angry rants since then, such as those
 calling for active government censorship of popular culture, is clearly 
meant to signal far-right activists that they can count on more Supreme
 Court Justices in the mold of Scalia, Thomas, Roberts and Alito, who are all
 energetically working to make Romney's assertion that "corporations are 
people" a legal reality.

What are you talkin' bout, Willard?

 

PFAW

Mitt Romney: People Person?

Republican presidential candidate Mitt Romney turned a few heads on Thursday when he told an audience at the Iowa State Fair that “corporations are people.”

Responding to a protestor who suggested that Romney be open to raising taxes on corporations, Romney said, “Corporations are people, my friend. Of course they are. Everything corporations earn ultimately goes to people. Where do you think it goes?”

While Romney might feel a personal connection to the corporations that are spending millions of dollars to support his campaign, the fact remains that corporations are legal entities and not human beings. And while it’s true that corporate profits are indeed at the disposal of certain people, those people are hardly the ones hurting most in the recession. In fact, the salaries of CEOs skyrocketed in 2010, even as unemployment rates remained high.

Over the weekend, we made an ad responding to Romney’s statement, which we’re airing in New Hampshire:

Watch the original video from the Iowa State Fair:

You can also sign our petition urging Romney to retract his new definition of personhood here.
 

PFAW

Ensuring accountability in a post­-Citizens United era

The Supreme Court’s 2010 Citizens United decision was quickly followed by warnings of the disastrous consequences of opening the floodgates for corporate spending in future elections, but few would have predicted something as bizarre as what was recently discovered in Delaware.

“Restoring Our Future,” a pro-Romney Super PAC, recently received a generous donation of $1 million from W Spann LLC. However, little is known about the firm that only operated in the state for a period of four months, including even the most basic information about its owners. And experts suggest that this arrangement may well be illegal.

“If they put money into the corporation specifically for the purpose of making a political donation that would constitute, in my view, illegally making a donation to avoid disclosure,” says Paul Ryan of the Campaign Legal Center.

While individuals can of course make contributions to PACs and other political organizations, there are disclosure laws in place to help voters and watchdogs understand where the money is coming from. But because the owners of this corporation don’t need to make their names public, Ryan and others suspect the mysterious firm, W Spann LLC, was set up in order to make a large contribution and avoid disclosing any information about the money’s origins.

Ryan’s group along with other watchdog organizations such as the Public Campaign Action Fund and Democracy are calling on Delaware Attorney General Beau Biden as well as officials from the Justice Department and FEC to look into this questionable conduct. But as we wait to see what happens next, it’s clear that this is yet one more of the many examples illustrating how destructive the Citizens United decision has been to our democracy.

With the important elections in 2012 a little more than a year away, it is incumbent on our elected officials to enact meaningful remedies to ensure the integrity of our elections is protected.

PFAW

Taking it Back to 1987, Mitt Romney Teams Up with Judge Bork

Mitt Romney yesterday announced the members of his campaign’s legal advisory team, which will be led by none other than Robert Bork.

This is interesting because Judge Bork’s views of the law and Constitution were so extreme that his 1987 Supreme Court nomination was rejected by the Senate.

Here’s the TV spot People For the American Way aired about Bork at the time:

Among the reasons PFAW, the United States Senate, and the American people concluded that Bork was not suitable for a seat on the nation’s highest court:

  • Bork rejected the idea of a constitutional right to privacy – the basis for our freedom to use contraception, choose whether to have an abortion, and engage in private consensual sexual activity – putting him far to the right of most sitting Supreme Court justices.
  • He regularly interpreted the law to favor the powerful, to the particular detriment of women and people of color, including opposing the Civil Rights Act and claiming that the Equal Protection Clause does not apply to women.

As another Massachusetts political leader, Sen. Edward Kennedy famously put it:

Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

America is a better and freer nation than Robert Bork thinks.

And in the years after his failed Supreme Court nomination, Bork kept on reminding us of why he would have been a disastrous Supreme Court Justice. From a 2002 PFAW report:

Robert Bork has carved out a niche for himself as an acerbic commentator on the Supreme Court, as well as various cultural issues. In fact, to Bork the two topics are closely related and the Supreme Court’s “illegitimacy” and its departure from the Constitution are in many ways responsible for our growing “cultural depravity.”

According to Bork, we are rapidly becoming a fragmented society that has totally lost its nerve and is now either unwilling or unable “to suppress public obscenity, punish crime, reform welfare, attach stigma to the bearing of illegitimate children, resist the demands of self-proclaimed victim groups for preferential treatment, or maintain standards of reason and scholarship.” Abortion, technology, affluence, hedonism, and modern liberalism are gradually ruining our culture and everywhere you look “the rot is spreading.”

Bork has denounced the public education system that “all too often teaches moral relativism and depravity.” He considers sensitivity training to be little more than “America’s version of Maoist re-education camps.” He has shared his fear that recognition of gay marriage would lead to accommodation of “man-boy associations, polygamists and so forth.” And he has criticized the feminist movement for “intimidat[ing] officials in ways that are destructive of family, hostile to masculinity, damaging to the military and disastrous for much education.”

It appears as if almost everything within contemporary culture possesses the capacity to offend Bork. He attacks movies for featuring “sex, violence and vile language.” He faults television for taking “a neutral attitude toward adultery, prostitution, and pornography” and for portraying homosexuals as “social victims.” As for the art world, most of what is produced is “meaningless, uninspired, untalented or perverse.” He frets that the “pornographic video industry is now doing billions of dollars worth of business” and the invention of the Internet will merely result in the further indulgence of “salacious and perverted tastes.” When it comes to music, “rock and rap are utterly impoverished … emotionally, aesthetically, and intellectually.”

More to the point, Bork is not content merely to criticize; he wants the government to do something about it. “Sooner or later,” he claims “censorship is going to have to be considered as popular culture continues plunging to ever more sickening lows.” So committed is he to this cause that he dedicated an entire chapter in his 1996 book Slouching Toward Gomorrah to making “The Case for Censorship.” In it, he advocates censoring “the most violent and sexually explicit material now on offer, starting with obscene prose and pictures available on the Internet, motion pictures that are mere rhapsodies to violence, and the more degenerate lyrics of rap music.”

When asked by Christianity Today about how he would decide what should and should not be censored, Bork announced: “I don’t make any fine distinctions; I’m just advocating censorship.” He went on to argue that the United States has a long history of censorship, and that such censorship “didn’t suppress any good art, it didn’t eliminate any ideas.” He goes on to state that, were individuals to decry such censorship as inhibiting their individual liberty or right to express themselves, he would reply “… yes, that is precisely what we are after.”

In choosing Bork to head his legal team, Mitt Romney is sending a clear message to the farthest right of the Right Wing... \and reminding us all that our 2012 vote for president is also a vote for the Supreme Court for the next generation.

PFAW

SLDN Releases Guide to Open Service

The Servicemembers Legal Defense Network (SLDN) has created a new legal guide, Freedom to Serve: The Definitive Guide to LGBT Military Service, to help navigate the laws and policies related to military service that will exist following the repeal of Don’t Ask, Don’t Tell (DADT). It is downloadable at www.sldn.org, the SLDN website which has been redesigned for the post-DADT environment. The guide and website cover SLDN’s legal services, and issues such as standards of conduct, benefits for spouses and families of service members, discharge upgrades, and veterans’ benefits.

SLDN Legal Director David McKean:

The information contained in this legal guide will help service members, prospective service members, their families, and friends make informed decisions about how to serve successfully as we move beyond ‘Don’t Ask, Don’t Tell.’ It will also assist them in understanding how to protect themselves when necessary and how to respond if they are targeted in any way for their actual or perceived sexual orientation or gender identity.

The new guidance will become effective on September 20 when the DADT repeal goes into effect. The clock is ticking.

PFAW